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the spirit of laws-第92章

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ire was at its height; and had received its whole extension。

The Romans and Parthians were two rival nations; that fought not for dominion but for their very existence。 Between the two empires deserts were formed and armies were always stationed on the frontiers; so that instead of there being any commerce; there was not so much as communication between them。 Ambition; jealousy; religion; national antipathy; and difference of manners completed the separation。 Thus the trade from east to west; which had formerly so many channels; was reduced to one; and Alexandria becoming the only staple; the trade to this city was immensely enlarged。

We shall say but one word of their inland trade。 Its principal branch was the corn brought to Rome for the subsistence of the people; but this was rather a political affair than a point of commerce。 On this account the sailors were favoured with some privileges; because the safety of the empire depended on their vigilance。'128'

17。 Of Commerce after the Destruction of the Western Empire。 After the invasion of the Roman empire one effect of the general calamity was the destruction of commerce。 The barbarous nations at first regarded it only as an opportunity for robbery; and when they had subdued the Romans; they honoured it no more than agriculture; and the other professions of a conquered people。

Soon was the commerce of Europe almost entirely lost。 The nobility; who had everywhere the direction of affairs; were in no pain about it。

The laws of the Visigoths'129' permitted private people to occupy half the beds of great rivers; provided the other half remained free for nets and boats。 There must have been very little trade in countries conquered by these barbarians。

In those times were established the ridiculous rights of escheatage and shipwrecks。 These men thought that; as strangers were not united to them by any civil law; they owed them on the one hand no kind of justice; and on the other no sort of pity。

In the narrow bounds which nature had originally prescribed to the people of the north; all were strangers to them: and in their poverty they regarded all only as contributing to their riches。 Being established; before their conquest; on the coasts of a sea of very little breadth; and full of rocks; from these very rocks they drew their subsistence。

But the Romans; who made laws for all the world; had established the most humane ones with regard to shipwrecks。'130' They suppressed the rapine of those who inhabited the coasts; and what was more still; the rapacity of their treasuries。'131'

18。 A particular Regulation。 The law of the Visigoths made; however; one regulation in favour of commerce。'132' It ordained that foreign merchants should be judged; in the differences that arose among themselves; by the laws and by judges of their own nation。 This was founded on an established custom among all mixed people; that every man should live under his own law  a custom of which I shall speak more at large in another place。

19。 Of Commerce after the Decay of the Roman Power in the East。 The Mahomedans appeared; conquered; extended; and dispersed themselves。 Egypt had particular sovereigns; these carried on the commerce of India; and being possessed of the merchandise of this country; drew to themselves the riches of all other nations。 The sultans of Egypt were the most powerful princes of those times。 History informs us with what a constant and well…regulated force they stopped the ardour; the fire; and the impetuosity of the crusades。

20。 How Commerce broke through the Barbarism of Europe。 Aristotle's philosophy being carried to the west; pleased the subtle geniuses who were the virtuosi of those times of ignorance。 The schoolmen were infatuated with it; and borrowed from that philosopher'133' a great many notions on lending upon interest; whereas its source might have been easily traced in the gospel; in short; they condemned it absolutely and in all cases。 Hence commerce; which was the profession only of mean persons; became that of knaves; for whenever a thing is forbidden; which nature permits or necessity requires; those who do it are looked upon as dishonest。

Commerce was transferred to a nation covered with infamy; and soon ranked with the most shameful usury; with monopolies; with the levying of subsidies; and with all the dishonest means of acquiring wealth。

The Jews; enriched by their exactions; were pillaged by the tyranny of princes; which pleased indeed; but did not ease; the people。'134'

What passed in England may serve to give us an idea of what was done in other countries。 King John'135' having imprisoned the Jews; in order to obtain their wealth; there were few who had not at least one of their eyes plucked out。 Thus did that king administer justice。 A certain Jew; who had a tooth pulled out every day for seven days successively; gave ten thousand marks of silver for the eighth。 Henry III extorted from Aaron; a Jew at York; fourteen thousand marks of silver; and ten thousand for the queen; in those times they did by violence what is now done in Poland with some semblance of moderation。 As princes could not dive into the purses of their subjects because of their privileges; they put the Jews to the torture; who were not considered as citizens。

At last a custom was introduced of confiscating the effects of those Jews who embraced Christianity。 This ridiculous custom is known only by the law which suppressed it。'136' The most vain and trifling reasons were given in justification of that proceeding; it was alleged that it was proper to try them; in order to be certain that they had entirely shaken off the slavery of the devil。 But it is evident that this confiscation was a species of the right of amortisation; to recompense the prince; or the lords; for the taxes levied on the Jews; which ceased on their embracing Christianity。'137' In those times; men; like lands; were regarded as property。 I cannot help remarking; by the way; how this nation has been sported with from one age to another: at one time; their effects were confiscated when they were willing to become Christians; and at another; if they refused to turn Christians; they were ordered to be burned。

In the meantime; commerce was seen to arise from the bosom of vexation and despair。 The Jews; proscribed by turns from every country; found out the way of saving their effects。 Thus they rendered their retreats for ever fixed; for though princes might have been willing to get rid of their persons; yet they did not choose to get rid of their money。

The Jews invented letters of exchange;'138' commerce; by this method; became capable of eluding violence; and of maintaining everywhere its ground; the richest merchant having none but invisible effects; which he could convey imperceptibly wherever he pleased。

The Theologians were obliged to limit their principles; and commerce; which they had before connected by main force with knavery; reentered; if I may so express myself; the bosom of probity。

Thus we owe to the speculations of the schoolmen all the misfortunes which accompanied the destruction of commerce;'139' and to the avarice of princes; the establishment of a practice which puts it in some measure out of their power。

From this time it became necessary that princes should govern with more prudence than they themselves could ever have imagined; for great exertions of authority were; in the event; found to be impolitic; and from experience it is manifest that nothing but the goodness and lenity of a government can make it flourish。

We begin to be cured of Machiavelism; and recover from it every day。 More moderation has become necessary in the councils of princes。 What would formerly have been called a master…stroke in politics would be now; independent of the horror it might occasion; the greatest imprudence。

Happy is it for men that they are in a situation in which; though their passions prompt them to be wicked; it is; nevertheless; to their interest to be humane and virtuous。

21。 The Discovery of two new Worlds; and in what Manner Europe is affected by it。 The compass opened; if I may so express myself; the universe。 Asia and Africa were found; of which only some borders were known; and America; of which we knew nothing。

The Portuguese; sailing on the Atlantic Ocean; discovered the most southern point of Africa; they saw a vast sea; which carried them to the East Indies。 Their danger upon this sea; the discovery of Mozambique; Melinda; and Calicut; have been sung by Camoens; whose poems make us feel something of the charms of the Odyssey and the magnificence of the ?neid。

The Venetians had hitherto carried on the trade of the Indies through the Turkish dominions; and pursued it in the midst of oppressions and discouragements。 By the discovery of the Cape of Good Hope; and those which were made some time after; Italy was no longer the centre of the trading world; it was; if I may be permitted the expression; only a corner of the universe; and is so still。 The commerce even of the Levant depending now on that of the great trading nations to both the Indies; Italy even in that branch can no longer be considered as a principal。

The Portuguese traded to the Indies in
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